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May 28, 2009

Chevron Deference Due "No Smile" Virginia DMV Rule?

Virginia became, I think, the fourth state to adopt a "no smiling for your driver's license photo" state, doing so by DMV reg, according to this story.

One of the things I've been pondering, seriously, is how we've made everything (we being lawyers; everything being everything) so complex that it makes huge social costs.  I mean, if someone challenges the DMV rule (and no doubt someone will), then (assuming Virginia follows a Chevron-type analysis) a messy 3 step process begins (is it procedure, or substance? if substance, was it ambiguous or delegated to the agency? If so, was the decision not insane?).  

The weight of even statutory interpretation -- canons, and theories and arguments about what "counts" and what does not.  How much does this cost us?  Is it really necessary? 

Don't we need just more engineers and designers, not people making complicated social rules even more complicated and costly?

Now back to your usual programming.

May 28, 2009 | Permalink


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